The puzzle of public contracts : to what extent are they governed by Public and Private Law

Abstract: The objective of this study was to observe the inconsistencies that are brought about in the application of both public and private law principles to a dispute emanating from a public contract. There are two arguments considered by courts which are, the “purely contractual approach” being an approach that only applies contract law principles to the exclusion of public law and, “public law approach” being an approach that only applies public and administrative law principles to the exclusion of private law. To date, these two approaches contrast one another in application and have left the question unsatisfactorily answered whether public or private law regulates the contractual relationship between the parties to the contract.LL.M. (Commercial Law